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(영문) 서울중앙지방법원 2017.02.03 2016가합500196
주권인도의무 확인의 소
Text

1. The Defendants are to the Plaintiff:

A. Attached Form 1.2, which was concluded between the deceased E and the plaintiff, pursuant to the gift agreement of November 25, 2009.

Reasons

Recognizing the facts, F Co., Ltd. (F before the change of January 28, 2010: G; hereinafter “F”) acquired 790,500 shares (51%) issued by H Co., Ltd. (hereinafter “H”) 5,857,387,874 won from November 25, 2009, engaging in the business of operating a private teaching institute from the network E (hereinafter “the network”) and six other (hereinafter “the network”).

(hereinafter “this case’s stock acquisition agreement”). On the same day, F entered into a contract with the deceased to provide places, equipment, programs, etc. necessary for online lectures and to distribute income from the deceased’s online lectures (hereinafter “instant lecture contract”).

F At the same time as the instant share acquisition agreement, F accepted new shares issued by the deceased and six other persons, and H’s net profit falls short of “2,31,916,814 won as of the year 2010, and 1,165,958,407 won as of the half year as of the year 2011 (hereinafter “base net profit”) and agreed to donate the said new shares to F. Meanwhile, in order to secure the performance of the deceased’s obligations, F’s new shares that the deceased would acquire to the Korea Securities Depository for one year, and to deposit the storage law firm by designating the custody law firm.

(hereinafter “instant First Contract”). Accordingly, the Deceased accepted F’s 475,663 common share shares issued by F in a third party allotment method in KRW 561,282,340, and the Deceased deposited the said acquisition share certificates with the limited Pacific Law Firm (hereinafter “Pacific”), subject to the period of protection deposit by the Korea Securities Depository in one year.

(2) As of the end of 2010, F acquired new shares issued by the deceased between the deceased and the deceased at the same time as the instant lecture contract, F received new shares issued by the deceased, and the instructor’s income as of the end of 2010 is KRW 24,00,000, annual income as of the end of 2011, and KRW 45,000,000, annual income as of the end of 201.

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